DRAFT FOR PUBLIC COMMENT
23rd September 2003
In order to ensure that RIR members and address communities in every
region have the opportunity to comment, the Board of the RIRs have requested
that RIRs post the following document for a period of 30 days. The comment
period closes at midnight (UTC) on the 22nd October 2003.
Each of the RIR Boards will consider the comments as they are received,
and each RIR Board intends to make a decision whether to adopt these
documents following this comment period. If these documents are adopted
by all the RIR Boards, it is the present intention to formally pass the
following open letter to ICANN on the 24th of October. On the same date
the Boards of the RIRs currently intend to direct their CEOs to sign
the MoU concerning the establishment of the Number Resource Organization.
All comments should be addressed to: nro-comments@apnic.net.
The comments will be passed to all the Boards of the RIRs, and will also
be published on the web site http://www.apnic.net/nro-comments.
Any dialogue that arises from such comments will also be published on
this site.
More information can be found in the Number
Resource Organization (NRO) FAQ.
DRAFT
Since early 2002 the Regional Internet Registries (RIRs) have conducted
an extended dialog with ICANN following the original ICANN proposals
for Evolution and Reform of ICANN.
The first RIR response to the ICANN Evolution and Reform Committee
in May 2002 [1] enumerated eleven general principles
regarding the RIR position on number administrative arrangements. This
RIR response proposed a structure that, in the RIRs' view, would improve
the overall efficiency and effectiveness of number management from the
perspectives of policy development, administrative control and operational
processes.
The second RIR submission to ICANN in June 2002 [2]
outlined the relationship between the RIRs and ICANN and responded to
a number of ICANN Evolution and Reform proposals that had a direct bearing
on the Internet's number administration function. In this document the
RIRs proposed a reformed structure that allowed ICANN to properly assume
a responsibility for oversight of RIR activities in terms of adherence
to properly adopted policies and processes. This proposal also advocated
a greater level of delegation of address-related administrative functions
to the RIRs. In this proposal the RIRs noted that some form of delineation
of roles between review and operational responsibility was considered
necessary. To this end, and also considering the desire to achieve enhanced
stability and efficiency of the overall process, the RIRs proposed that
the responsibility for the maintaining the IANA Address Registry would
be undertaken by the RIRs. In this submission the RIRs also proposed
some changes to the operation of the Address Supporting Organization's
Address Council, namely that the Council assume the responsibility for
adoption of global policies and the recognition of new RIRs, and that
ICANN act as a review body for such decisions.
This submission was followed by a more detailed RIR proposal for evolution
and reform [3]. The proposal built upon the previous
two RIR documents and proposed the delegation of coordination functions
of Internet number resource management to a Number Resource Registry.
Subsequent meetings with members of the ICANN Evolution and Reform Committee
at the ICANN meeting in October 2002 indicated that ICANN did not currently
see delegation of the number resource administrative functions as being
consistent with the provisions of its By Laws [4]. The
ICANN response to the RIRs was formulated as a discussion draft [5].
The RIRs responded to this draft, indicating those areas where the RIRs
felt there were weaknesses in the ICANN response [6].
Following further meetings with ICANN Evolution and Reform Committee
members in December of 2002, ICANN provided to the RIRs a status summary
at the start of 2003 [7].
The RIRs concluded that the most productive means of undertaking reform
in this area was for the RIRs to undertake a detailed assessment of the
ways and means that the RIRs work together and generally interact jointly
with external entities, and then look more specifically at the interaction
with ICANN. This has formed the basis for the RIRs' activity in recent
months. This RIR effort has included a detailed investigation of the
background and current status of coordination of Internet number resource
administration, the various interests of the stakeholders in this activity.
and a detailed assessment of the strengths, weaknesses and risks within
the current framework.
The RIRs acknowledge the benefits in the ICANN structure in terms of
providing an open framework for the coordination of a number of critical
Internet administration functions, and have determined that they will
continue to work within this framework and support ICANN in this endeavor.
At the same time the RIRs are aware that ICANN is a private corporate
entity, and that its future is one that is not absolutely assured. There
is a risk, as with any private corporate entity, that the entity may
fail. Failure of ICANN includes the risk of a freezing of the unallocated
number pool, which in turn places a significant risk in the continued
operation of the registries and the application of their policies. The
ultimate risk here is a shift in the number administration from the careful
preservation of uniqueness within the assignment of number resources
to one of chaotic number movement, with its attendant consequences which
appear to inevitably include a breakdown of the coherency of the Internet's
address realm. Obviously, this is not an acceptable outcome under any
circumstances.
In seeking an appropriate response to this perceived risk, and at the
same time in seeking to create a structure of interaction between the
RIRs and ICANN where the desires and objectives of ICANN and its stakeholders
can be achieved in the same vein that the desires and objectives of the
RIRs and their members and stakeholders can be achieved, the RIRs have
been developing an approach to evolution and reform that is outlined
here.
Underpinning the structure is the proposal for the four RIRs to execute
an agreement between themselves in order to create a joint entity that
can undertake those roles where the coordinated action of all the RIRs
is required or appropriate. There are coordinated activities of this
nature being performed at present, and this proposed joint entity provides
a formal residence for such activities. It is also structured in such
a way that it is capable of providing continuity of coordination of number
resource administrative functions if so required in the event of failure
of ICANN. This entity is termed in the accompanying documents as the
Number Resource Organization.
This entity is also offered to ICANN as the vehicle for interaction
between the RIR and number community and ICANN, undertaking the current
roles of the Address Supporting Organization from ICANN's perspective.
The RIRs are in broad agreement with ICANN over the proposed Global Policy
Development Process for Number Resources and the proposed Address Supporting
Organization Memorandum of Understanding with ICANN provides a description
of that process.
Accordingly, the RIR's evolution and reform response is described in
two parts, a proposed Number Resource Organization agreement between
the RIRs, and a proposed agreement between this Number Resource Organization
and ICANN that would reform the Address Supporting Organization.
Within this proposed framework the essential elements of interaction
between the RIRs and ICANN remain unaltered. ICANN continues to operate
the unallocated Internet number resource registries. The Board of ICANN
has the continued ability to ratify proposed global number resource policies.
An Address Council continues to undertake a role as a source of advice
to the Board of ICANN on Number Resource matters, as well as shepherding
proposed global address policies through ICANN for ratification.
At the same time this proposal offers the RIRs a means of working together
in a range of areas, including interaction with ICANN, and also offers
the RIRs some added level of assurance that the number resource function
can continue to operate in the face of potential organizational disruptions.
The proposal also attempts to place a more substantive agenda before
the Address Council, allowing it a well-defined role in the policy development
process. It is proposed to be the responsibility of this council to provide
assurance to all stakeholders that proposed global policies have been
developed in a careful and considered manner, and that the interests
of all significant stakeholders have been identified and addressed within
the overall policy development process.
Through the delivery of this open letter to ICANN, the RIRs would like
to advise ICANN of the formation of the Number Resource Organization
as described in an attached Memorandum of Understanding to this document
(Attachment 1). The RIRs would also like to commend
the attached Address Supporting Organization Memorandum of Understanding
to ICANN for their consideration (Attachment 2).
Signed by the Chairs of the Boards and Executive Councils of the RIRs:
__________ Asia Pacific Network Information Centre
__________ The American Registry for Internet Numbers
__________ Latin American and Caribbean Internet Addresses Registry
__________ Réseaux IP Européens Network Coordination Centre
References:
- [1]
- First Joint RIR Response to ICANN Evolution and Reform Committee,
20th May 2002. http://www.apnic.net/community/icann/docs/rir-statement-20020508.html
http://www.apnic.net/community/icann/docs/rir-statement-20020508.html
- [2]
- Second Joint RIR Response to ICANN Evolution and Reform Committee,
20th June 2002. http://www.apnic.net/community/icann/docs/rir-statement-20020621.html
http://www.apnic.net/community/icann/docs/rir-statement-20020621.html
- [3]
- RIR Blueprint for Evolution and Reform of Internet Address Management,
October 2002 http://www.apnic.net/community/icann/docs/blueprint/nrr-blueprint-20021010.html
http://www.apnic.net/community/icann/docs/blueprint/nrr-blueprint-20021010.html
- [4]
- ICANN By Laws, Article I (Mission and Core Values), Section 2 (Core
Values), Item 3 http://www.icann.org/general/bylaws.htm
- [5]
- ICANN Discussion Draft Version 2.0 5th November 2002. http://www.potaroo.net/garboards/2002-11-02-icann-to-rir.pdf
- [6]
- RIR response to Discussion draft, 13th November 2002. http://www.potaroo.net/garboards/2002-11-08-rir-to-icann.txt
- [7]
- ICANN Status Summary, January 2003. http://www.potaroo.net/garboards/AP_to_RIRs_1-10-021.pdf
Attachment 1
DRAFT
The Number Resource Organization
-
The Number Resource Organization
The name of this organization is the Number Resource Organization
(NRO).
The organization shall begin operations on the date this document
is signed by the last founding Regional Internet Registry (RIR).
The organization shall initially be unincorporated, but may be
legally incorporated in a jurisdiction acceptable to all RIRs. Any
legal obligations incurred or undertakings made by the NRO either
in its unincorporated status, or once incorporated, shall require
the prior written commitment of all RIRs through the signature of
all RIR CEOs.
The NRO will include those RIRs who are signatories to this document.
The domicile and characteristics of this legal incorporation shall
be agreed to in a supplemental writing signed by each RIR before
it can be executed.
-
Purpose
The NRO shall be operated for the purpose of:
-
Serving as the coordinating mechanism of the RIRs to act collectively
on matters relating to the interests of the RIRs, as delegated
to the NRO by the unanimous written agreement of the RIRs.
-
Undertaking any joint operational or external activities delegated
to the NRO by the RIRs.
-
Entering into appropriate cooperative agreements with representative
Internet coordination or administrative bodies (including any
national, international or public sector entity), on such terms
as the NRO Executive Council deems appropriate, in order to coordinate
the activities of the NRO with the activities of those of those
bodies.
-
Role of RIRs in NRO
The four RIRs whose signatures are affixed to this document are referred
to as "founding RIRs." Additional RIRs to the founding RIRs shall acquire
the same legal status as the founding RIRs have in relation to the
NRO upon the Executive Council finding the additional RIRs meet the
criteria and process described in Section 14, and the new RIR signing
the current version of this document.
-
Organizations Within the NRO
The NRO shall consist of the following suborganizations:
- the NRO Executive Council,
- the NRO Number Council and
- a NRO Secretariat.
There shall be no compensated employees of the NRO while it remains
an unincorporated entity, but RIRs may donate funds, personnel, services
and equipment to the NRO at their individual discretion in addition
to the provisions for cost sharing in Section 13 of this document.
After incorporation, the NRO may employ temporary or permanent staff
and incur expenses for services for specific NRO activities or functions,
when the RIRs, acting through the CEOs of the RIRs or the Executive
Council, have provided written approval for such hiring and expenditures,
and have provided adequate funds to meet such expenditures.
-
Offices
The operational office of the NRO shall reside with the NRO Secretariat
under the direction of the NRO Executive Council.
-
NRO Executive Council
The NRO Executive Council represents the NRO and its suborganizations
in all matters.
-
Responsibilities.
The NRO Executive Council shall be the sole body empowered
to represent the NRO, any of its component entities, and the
RIR community in any interaction with any external organization,
including any national, international or public sector entity
as needed.
The NRO Executive Council shall be solely empowered to:
-
represent the RIRs on issues specifically delegated by the
RIRs to the NRO, and
-
commit RIR resources in support of NRO activities, when
unanimous agreement by the members of the Executive Council
has been reached, to the extent that such resources have
been or will be made available by the RIRs.
The NRO Executive Council shall ratify or reject proposed global
IP number resource policies.
The NRO Executive Council shall, by unanimous approval of its
members, develop procedures for conducting business in support
of their responsibilities and submit these procedures to the
Boards of all RIRs to obtain their approval
-
Composition.
The NRO Executive Council shall consist of one person selected
by each RIR.
Each RIR Board shall be responsible for selecting an individual
who is capable of performing the responsibilities described in
Section 6(a) of this document.
The Chair of the NRO Executive Council shall be one of its
members, and rotate on a regular annual basis once an initial
order of the founding RIRs is agreed, in synchronization with
the Secretariat function. RIRs added after the founding members
shall assume the last position in the rotation as they are added.
If the RIR Board which selected the person who is on the NRO
Executive Council replaces the appointee, the superceding appointee
shall immediately take the place of the predecessor person.
The Chair of the NRO Executive Council is empowered to sign
documents and contracts on behalf of the NRO for any item approved
unanimously in writing by the Executive Council. The cost of
such contracts shall be equally divided among the RIRs, unless
a specifically described per capita agreement is reached for
allocating such costs.
-
NRO Number Council
The NRO Number Council shall act in an advisory capacity to the
NRO Executive Council with the council's activities described as
follows:
-
Responsibilities.
The NRO Number Council shall be responsible for the provision
of advice to the Executive Council concerning the ratification
of proposed global IP number resource allocation policies.
The NRO Number Council shall act as a point of consultation
to external entities on proposed global IP number resource allocation
policies, addressing questions that may be raised concerning
such policy proposals, maintaining a dialogue with the entity
and the RIRs concerning these proposals as required.
The NRO Number Council shall develop procedures in an accessible,
open, transparent and documented manner for conducting business
in support of their responsibilities and submit these procedures
to the Executive Council for approval.
-
Composition.
The members of the NRO Number Council shall include:
-
One person appointed by the Board of each of the RIRs.
If the RIR Board which selected the person who is appointed
to the NRO Number Council replaces the appointee, the superceding
appointee shall immediately take the place of the predecessor.
-
Two individual members selected via an open, accessible,
documented and transparent procedure by the regional policy
forum of each RIR shall be members of the NRO Number Council.
The Chair of the NRO Number Council shall be a member of the NRO
Number Council elected by a majority of the members of the NRO
Number Council by secret ballot for a term not to exceed one year.
Each emerging RIR shall be entitled to nominate up to three
observers to the NRO Number Council. These observers shall not
enjoy the privileges of membership and, specifically, observers
cannot vote on the Number Council and cannot serve as the Number
Council Chair.
-
NRO Secretariat
The NRO Secretariat shall undertake such operational responsibilities
of the NRO organization, as directed by the NRO Executive Council.
The operation of NRO Secretariat shall rotate on an annual basis
amongst the RIRs unless the NRO Executive Council unanimously directs
the hiring of a professional staff at a fixed or changing location.
The NRO Secretariat shall be responsible for those functions as designated
by the NRO Executive Council.
The specific functions of the NRO Secretariat shall include:
-
Coordinate administrative matters relating to the functions
of the NRO Executive Council and NRO Number Council.
-
Publish information related to activities of the NRO.
-
Other functions as designated by the NRO Executive Council.
-
Advisory Appeals Process
The NRO shall establish an NRO Advisory Appeals Panel, with one
representative from each RIR region, but whose members shall not
be employees or Board members of the RIRs. Advisory Appeals Panel
members shall be knowledgeable members of the Internet community
proposed for this role by the NRO Executive Council, for the purpose
of hearing complaints relating to failure on the part of an RIR,
the NRO or an NRO suborganization to follow its documented policy
development process concerning global IP number resource policies.
The panel shall not decide on the merit(s), or lack thereof regarding
the underlying policies, but may provide a written report to the
Executive Council indicating the Advisory Appeals Panel's evaluation
of the complaint.
The Advisory Appeals Panel shall adopt such policies and procedures
as are necessary to make it accessible and open, transparent and
documented. These policies and procedures should include, but are
not limited to, voluntary or requested recusal of representatives,
procedures for reporting to the Executive Council, and procedures
to address any allegation of fraudulent or dishonest conduct by representatives.
The Advisory Appeals Panel, at its sole discretion, may dismiss
frivolous, repetitive or nuisance complaints without further review.
The Advisory Appeals Panel decision is intended to serve as a persuasive
advisory opinion, and it provides no basis for legal action in any
jurisdiction.
-
Arbitration
-
In the event that an RIR is in dispute with the NRO relating
to implementation of global policies, or with another RIR relating
to the implementation of a coordinated policy, the NRO shall,
at the request of one RIR, notify the others and arrange arbitration
via ICC rules in the jurisdiction of Bermuda, or such other location
as is unanimously agreed upon by each of the parties to the arbitration.
-
An organization which believes it has met the criterion of Section
15, but is refused the same legal status by the Executive Council
in Section 3, may request and will be granted the right to arbitration
pursuant to this provision.
-
This arbitration provision is not related in any way to the
Advisory Appeals Process, described above. This arbitration provision
creates no rights for any party except the RIRs who are signatories
to this document, and such RIRs who are additional members as
described in this document.
-
Global IP Number Resource Policy Development Process
Global Policies may be proposed to the NRO by any RIR member of
the NRO. The NRO Secretariat will format such materials and distribute
them to the RIRs and the NRO Number Council.
The NRO Number Council is then responsible for advising the NRO
Executive Council on the ratification of such policies according
to the following procedure:
-
The NRO Number Council shall undertake a review of any such
policy to confirm that the documented RIR procedures were followed
in its development and approval.
-
The NRO Number Council shall publicly post a last call for comments
on the proposed policy for a defined period (30 days) to assure
itself that the significant viewpoints of interested parties
were adequately considered. According to the results of this
call, the NRO Number Council may then give a recommendation to
the NRO Executive Council on whether the policy can be ratified.
-
If it is the determination of the NRO Number Council the policy
should not be recommended for ratification in clause 12b, it
shall be referred by the NRO Number Council back to the RIRs
for their consideration.
-
Technical Activity
Technical activities may be assigned by the RIRs to the NRO.
The NRO Executive Council may delegate to the Secretariat the performance
of technical activities.
-
Finances
The following procedures shall apply to the NRO concerning financing
the operation of the NRO:
-
NRO expenses must be approved in advance solely by unanimous
authorization of the NRO Executive Council, and shall be borne
by the RIR members on an equal basis of each RIR, unless specifically
superceded by a specific or general per capita agreement by the
NRO Executive Council.
-
An RIR that is subject to legal claims for its role in carrying
out any duly authorized NRO activity shall have the right to
seek contributions for its defense or to defray any resulting
judgment pursuant to paragraph "a." Such contributions must be
specifically authorized by the NRO Executive Council on a case-
by-case basis.
-
After incorporation, the NRO shall seek appropriate liability
insurance to cover its activities and all RIRs shall contribute
equally to cover this expense, unless superceded by a specific
or general per capita agreement by the NRO Executive Council.
-
Recognition of New RIRs
Global IP Number Resource Policies shall include objective, non-
discriminatory and transparent criteria for recognition of new RIRs.
The criteria and associated process for such recognition shall
be published by the NRO as a matter of Global IP Number Resource
Policy.
-
Limitation
This MOU does not create any partnership, agency, association or
franchise arrangement. Nothing in this MOU permits any party to transfer
or assign any interest, right or obligation under this MOU without
the prior written consent of each signatory party to this MOU. The
RIRs who are founding members to this agreement do not agree to accept
responsibility for financial commitments made by the NRO in contravention
of this agreement.
-
Amendment and Precedence of this MOU With Respect to Other Documents
Subsequently Created
The provisions of this MOU may be changed only by a writing signed
by all RIRs agreeing upon such a change. Any such writing can be
signed in counterparts. Any such writing shall indicate, with particularity,
any portion of this Agreement that is intended to be superceded.
Such a superceding document must make an explicit reference to this
document citing to the date of this agreement.
AGREED:
Asia Pacific Network Information Centre
By:__________________________________ Date:_______________
The American Registry for Internet Numbers
By:_________________________________ Date:_______________
Latin American and Caribbean Internet Addresses Registry
By:________________________________ Date:_______________
Réseaux IP Européens Network Coordination Centre
By:________________________________ Date:_______________
Attachment 2
DRAFT
ICANN Address Supporting Organization (ASO) MoU
-
Organization
Under this agreement between ICANN and the Number Resource Organization
(NRO), the NRO shall fulfill the role, responsibilities and functions
of the ASO as defined within the ICANN Bylaws as referenced at [ICANN-BYLAWS].
-
Purpose
This MoU is established for the purposes of:
-
defining roles and processes supporting global policy development,
including the relationship between the Internet addressing community
(represented by the NRO) and ICANN within the operation of this
process;
-
defining mechanisms for the provision of recommendations to
the Board of ICANN concerning the recognition of new RIRs; and
-
defining accessible, open, transparent and documented procedures
for the selection of individuals to serve on other ICANN bodies,
including selection of Directors of ICANN and selection of members
of various standing committees and ad hoc ICANN bodies.
-
Address Council
-
Responsibilities.
The NRO Number Council acting as the ASO Address Council, is
responsible for the organizational roles of:
-
undertaking a role in the global policy development process
as described in attachment A of this document.
-
providing recommendations to the Board of ICANN concerning
the recognition of new RIRs, according to agreed requirements
and policies as currently described in document [ICP-2].
-
defining procedures for selection of individuals to serve
on other ICANN bodies, and implementing any roles assigned
to the Address Council in such procedures.
-
providing advice to the Board of ICANN on number resource
allocation policy, in conjunction with the RIRs.
-
developing procedures for conducting business in support
of their responsibilities and submitting these procedures
to the Executive Council of the NRO for approval.
-
Liaisons.
The NRO Number Council, acting as the ASO Address Council,
shall admit liaisons from emerging Regional Internet Registries
and liaisons from other ICANN entities.
All liaison positions shall be determined by liaison agreements
as shall be made in writing with the NRO.
-
Secretariat
The NRO will provide all Secretariat services to support functions
described by this agreement.
-
Global Policy Development Process
Global policies are defined as policies that have the consensus
of all RIRs and ICANN, and require specific actions or outcomes on
the part of IANA or any other external ICANN-related body in order
to be implemented.
Global policies will be developed in the context of this agreement,
according to the processes defined by attachment A to this MoU.
Under this agreement the ICANN Board will ratify proposed global
policies, using review procedures as determined by ICANN.
-
Service Regions
The regions serviced by each RIR shall be defined by the RIRs in
a manner of their choosing. The RIRs shall ensure that all possible
service areas are encompassed.
-
Arbitration
In the event that the NRO is in dispute with ICANN relating to
activities described in this MoU, the NRO shall arrange arbitration
via ICC rules in the jurisdiction of Bermuda or such other location
as is agreed between the NRO and ICANN. The location of the arbitration
shall not decide the laws to be applied in evaluating this agreement
or such dispute.
-
Periodic Review of the ASO
With reference to the provisions of Article IV, Section 4 of the
ICANN ByLaws [ICANN-BYLAWS], the NRO shall provide its own review
mechanisms.
-
Periodic Review of the MoU
The MOU signatories will periodically review the results and consequences
of their cooperation under the MOU. When appropriate, the signatories
will consider the need for improvements in the MOU and make suitable
proposals for modifying and updating the arrangements and scope of
the MOU. This MOU may only be amended or supplemented in writing,
signed by the parties.
-
Other provisions
From the date of signature this agreement supercedes and replaces
the MoU signed between ICANN, APNIC, ARIN and RIPE NCC in October
1999 with the subsequent inclusion of LACNIC in October 2002.
-
General
Nothing in this MOU shall be construed to create between or among
any of the parties a partnership, joint venture, or impose any trust
or partnership or similar duty on any party, including as an agent,
principal or franchisee of any other party.
Other than as provided for in this MOU, the parties shall not be
bound by or be liable for, any statement, representation, promise,
agreement or other binding commitment of any kind on behalf of any
other party, without that parties prior written consent.
The non-exercise of or delay in exercising any power or right of
a party does not operate as a waiver of that power or right, nor
does any single exercise of a power or right to preclude any other
or further exercise of it or the exercise of any other power or right.
A power or right may only be waived in writing, signed by the party
to be bound by the waiver.
No party may transfer or assign any or all of its interest, rights
or obligation arising under this MOU without the prior written consent
of each other party to this MOU.
-
Referenced Documents
- [ICP-2]
- ICP-2: Criteria for Establishment of New Regional Internet Registries
Published by ICANN 7 July 2001.
http://www.icann.org/icp/icp-2.htm
- [ICANN-BYLAWS]
- BYLAWS FOR INTERNET CORPORATION FOR ASSIGNED NAMES AND NUMBERS
A California Nonprofit Public-Benefit Corporation As amended effective
26 June 2003
http://www.icann.org/general/bylaws.htm
Attachment A
Global Policy Development Process
Definitions:
"Global policy" is a policy that has the consensus of all RIRs
and ICANN, and require specific actions or outcomes on the part of
IANA or any other external ICANN-related body in order to be implemented.
"ASO Address Council" is a reference to the NRO Numbers Council
acting as the ASO Address Council as described in Section 3 of the
ASO MoU.
Process:
The policy development process relating to global policies concerning
the administration of Internet number resources will operate as follows:
-
A proposed global policy must be forwarded into each of the regional
policy development processes hosted by each RIR.
-
The proposer has the duty to assist relevant communities within
each regional policy forum to make them aware of the deliberations
of their peers in the other regional policy forums.
-
It is recognized that the outcomes of consideration of a proposed
global policy may differ in terms of specific language and detail
from region to region. The staff of the RIRs will work with each
other, and with the policy proposer to document the common elements
of such outcomes.
-
This common text will be ratified by the Boards of the RIRs as
a consensus position of the RIRs.
-
This ratified common text is the proposed global policy proposal
that is forwarded to the ASO Address Council.
-
The ASO Address Council, shall review the process followed by
the RIRs in terms of reaching a consensus position and a common
text to describe the proposed global policy, and undertake measures
in accordance with an adopted procedure to assure itself that the
significant viewpoints of interested parties were adequately considered.
-
The ASO Address Council shall forward the proposed policy to the
ICANN Board
-
The ICANN Board may review the policy proposal and may ask questions
and otherwise consult with the ASO Address Council and/or the RIRs
acting collectively through the NRO. The ICANN Board may also consult
with other parties as the Board considers appropriate.
-
Within 60 days of receipt of the proposed policy, including such
consultation as may occur in Step (8), the ICANN Board may either:
-
accept the proposal by a simple majority vote; or
-
reject the proposed policy by a supermajority (2/3) vote;
or
-
by a simple majority vote request changes to the proposed
policy; or
-
take no action.
If the ICANN Board takes no action (that is, fails to take actions
(a), (b) or (c)) within the 60-day window, the proposed policy
is deemed to be accepted by the ICANN Board and it becomes global
policy. In case (c), should at least one of the RIRs agree that
changes need to be made, the status of the proposed policy reverts
to Step 1. If none of the RIRs accept the case for changes, then
the proposed policy continues to Step 10.
-
If the ICANN Board rejects the proposed policy following Step
9(b), it must deliver to the ASO Address Council a statement of
its concerns with the proposed policy, including in particular
an explanation of the significant viewpoints that were not adequately
considered during the regular RIR process, within 60 days of the
Board action.
-
The ASO Address Council, in conjunction with the RIRs and working
through agreed procedures, shall consider the concerns raised by
the ICANN Board, and engage in a dialogue as appropriate with the
ICANN Board.
-
If the NRO Executive Council indicates that there is RIR consensus,
the ASO Address Council may forward a new proposed policy (either
reaffirming the previous proposal or a modified proposal) to the
ICANN Board. Alternatively, the NRO Executive Council may indicate
that the policy proposal shall be reconsidered by the RIRs, and
the proposed policy reverts to Step 1.
-
The resubmitted proposed policy then becomes a global address
policy unless, by a supermajority (2/3) vote, the ICANN Board rejects
this resubmitted proposal within 60 days of receipt of the new
proposed policy, in which case it does not become a global addressing
policy.
-
If the resubmitted proposed policy is rejected for a second time
by ICANN, then the RIRs or ICANN shall refer the matter to mediation
using an agreed procedure to resolve the matter.
Considerations:
-
Through the provisions of an agreement to be executed between
the RIRs and ICANN, it is recognized that the ICANN Board has the
ability to request that the ASO Address Council initiate a policy
development process through the RIRs, using the policy development
procedure described above. Any such request must include an explanation
of the significant viewpoints that call for policy development.
This provision, and the similar provision in Step 10. of the policy
development procedure described above, are intended to ensure that
the ICANN Board acts in these circumstances only with substantial,
credible, and defensible support from the community.
-
In bringing a policy proposal to the regional policy forums it
is expected that the ICANN Board will nominate a presenter of the
ICANN proposal.
-
All global policies in full force and effect on the day this agreement
is executed shall continue in full force and effect until specifically
superceded by global policy outcomes from the process described
here.
-
All global policies adopted will be published in the NRO and the
ICANN web sites.
-
Global policies adopted previous to this MOU will also be published
in these sites, with a clear indication that they were adopted
prior to the current policy procedure.
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